Congratulations Lafarge Canada.
In an effort to ease the concerns of a local resident and business owner it looks like the company may have dealt itself a damaging blow to their application to open a gravel pit in the small hamlet of Fort Assiniboine.
For the last number of years Lafarge Canada, a supplier of construction materials, including concrete and aggregate, have wanted to secure a gravel source in the region. Most notably, a location off of Highway 33 near the Athabasca River bridge.
On March 30, Woodlands County held a combination open house/hearing about their latest gravel pit application.
Although the company has been working on opening a gravel pit at the Fort Assiniboine since 2010, Woodlands County only received the company’s official application in January.
During the public hearing, Luke Lu, owner of Linda’s Motor Inn and Fas Gas and one of the closest properties to the proposed gravel site, said he has a signed document from Lafarge Canada dating back to 2010 stating that the company will limit its hours of operation during the tourist season of May to the end of September to 7 p.m.
The problem is that, in their official application, Lafarge Canada states their gravel extraction and crushing operations will take place 24 hours a day, seven days a week. Gravel hauling operations would be limited to 12-hours.
According to Woodlands County administration staff, this is a common occurrence in Alberta because the weather conditions often limit the time they can extract gravel to the spring and summer months.
Lu said the agreement is contingent on any conditions the county may impose on the company. Lafarge Canada says this is because they shouldn’t be held responsible for any conditions that are out of its control.
Fair enough. It is reasonable for Lafarge Canada or any other company, not to want to be held liable for conditions imposed on them by a third party.
The question is, if Woodlands County accepts the company’s current application as is, legally, who would be imposing the 24 hour a day, seven days a week condition, Lafarge or the County?
Technically it could be argued that the county imposed the condition, even though it was Lafarge, through their application, the ones who actually asked for it.
Assuming that Lu does indeed have a signed letter, agreement, or some other document stating that Lafarge Canada will cease their crushing operations at a certain time of day, it should be honoured even if that means that Woodlands County, if they plan to approve the application, has to change their conditions to match the ones stated in Lu’s document.
After that it is back in Lafarge Canada’s court. If the company truly needs the extended operation period to be profitable, then no gravel pit, if it doesn’t then the project is still on the table.
